General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period during which the consumer can exercise their right of withdrawal;

  • Consumer: a natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

  • Day: calendar day;

  • Duration transaction: a distance contract relating to a series of products and/or services, where the delivery and/or collection obligation is spread over time;

  • Durable medium: any means that allows the consumer or entrepreneur to store information that is personally addressed to them, in a way that allows future consultation and unchanged reproduction of the stored information;

  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

  • Entrepreneur: a natural or legal person who offers products and/or services at a distance to consumers;

  • Distance contract: a contract concluded in the context of a system organized by the entrepreneur for the distance sale of products and/or services, where up to and including the conclusion of the contract only one or more remote communication techniques are used;

  • Remote communication technique: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same room;

  • General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and every distance contract and order between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, deviating from the previous paragraph, be made available to the consumer electronically in such a way that it can be stored by the consumer on a durable medium. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be electronically reviewed and that they will be sent to the consumer free of charge either electronically or otherwise upon request.

In the event that, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs are applicable, and in the case of conflicting general terms and conditions, the consumer may always invoke the provision that is most favorable to them.

If one or more provisions in these general terms and conditions are declared invalid or are annulled at any time, the remainder of the contract and these terms and conditions will remain in effect, and the provision in question will be promptly replaced by a provision that approximates the original intent as closely as possible.

Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur has the right to modify and adjust the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description must be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these must be a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be the basis for claims for damages or dissolution of the contract.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are connected to the acceptance of the offer. This includes in particular:

  • The price, excluding customs duties and import VAT. These additional costs will be borne by and risk of the customer. The postal and/or courier service will use the special arrangement for postal courier services with regard to imports. This arrangement applies when the goods are imported into the destination EU country, which is also the case here. The postal and/or courier service collects VAT (possibly together with the charged customs clearance costs) from the recipient of the goods;

  • Any shipping costs;

  • The manner in which the contract will be concluded and what actions are required for this;

  • Whether or not the right of withdrawal applies;

  • The method of payment, delivery, and execution of the contract;

  • The term for accepting the offer or the term within which the entrepreneur guarantees the price;

  • The rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular base rate for the used communication medium;

  • Whether the contract will be archived after conclusion, and if so, how the consumer can access it;

  • The way the consumer can check and, if desired, correct the data provided by him in the context of the contract before concluding the contract;

  • Any other languages in which, in addition to Dutch, the contract can be concluded;

  • The codes of conduct to which the entrepreneur has subscribed and how the consumer can consult these codes of conduct electronically;

  • And the minimum duration of the distance contract in the case of a duration transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set for this.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.

The entrepreneur may, within legal frameworks, inform themselves of whether the consumer can meet their payment obligations, as well as all facts and factors relevant for a responsible conclusion of the distance contract. If the entrepreneur has good grounds based on this investigation to not enter into the contract, they are entitled to refuse an order or request with justification or to attach special conditions to the execution.

The entrepreneur will provide the consumer with the following information with the product or service, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

  • The visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
  • Information about warranties and existing after-sales service;
  • The data mentioned in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
  • The requirements for cancellation of the contract if the contract has a duration of more than one year or an indefinite duration.

In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Every contract is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

In the purchase of products, the consumer has the option to dissolve the contract without giving any reasons within 14 days. This cooling-off period starts the day after the consumer has received the product or a representative designated by the consumer and known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. This notification must be made in writing or by email. After the consumer has notified their intention to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must provide proof that the delivered items were returned in time, for example by means of a proof of shipment.

If the customer has not notified their intention to exercise the right of withdrawal or has not returned the product to the entrepreneur within the periods mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs for returning the products are for the consumer's account.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received by the web store or proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

  • That are created by the entrepreneur in accordance with the consumer's specifications;
  • That are clearly personal in nature;
  • That cannot be returned due to their nature;
  • That rapidly deteriorate or expire;
  • That are sealed for health protection or hygiene reasons and whose seal has been broken after delivery.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence on, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

  • They result from legal regulations or provisions;
  • The consumer has the authority to terminate the contract as of the day the price increase takes effect.

The prices stated in the offer of products or services include VAT.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services meet the contract specifications, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur in accordance with the contract.

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care when receiving and executing orders of products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has communicated to the entrepreneur.

Taking into account what is stated in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and without compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will promptly refund the amount paid by the consumer.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer and known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Payment

Unless otherwise stipulated in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the contract. In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract.

When selling products to consumers, the general terms and conditions may never require prepayment of more than 50%. If prepayment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) before the stipulated prepayment has been made.

The consumer is obliged to report inaccuracies in payment details provided or stated to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur has the right to charge reasonable costs made known to the consumer in advance.

Article 13 – Complaints Procedure

The entrepreneur has a sufficiently announced complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the performance of the contract must be submitted promptly, fully and clearly described, to the entrepreneur after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

Article 14 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad, Dutch law applies.

Article 15 – Additional or Deviating Provisions

Additional provisions or deviations from these terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

Article 16 – CESOP

Due to the measures that will be introduced and strengthened from 2024 in relation to the "Act to Amend the Turnover Tax Act 1968 (Act for the Implementation of the Payment Services Directive)" and the implementation of the Central Electronic System for Payment Information (CESOP), payment service providers may register data in the European CESOP system.